* Permits motor vehicle registration provisions
to be applied to State-operated or State-owned Army National Guard
installations at the discretion of the controlling State Adjutant General,
for the purpose of issuing DD Form 2220 (Department of Defense Registered
Vehicle), and access to the Vehicle Registration System for tracking DD Form
2220 (chap 3).

* Mandates compliance with local vehicle
emission inspections and maintenance of vehicles on military installations
(para 3-2
e
).

* Mandates registration procedures for all
Army installations (para 3-3).

* Mandates procedures for surrender of DD Form
2220 (para 3-4).

* Establishes policy for reciprocal agreement with civilian law enforcement agencies to exchange information on infractions by military Army personnel (para 4-17).

* Updates references to Air Force instructions throughout the regulation.

The installation commander or designee may for cause, or any lawful reason, administratively suspend or revoke driving privileges on the installation. The suspension or revocation of installation driving privileges or POV registrations, for lawful reasons unrelated to traffic violations or safe vehicle operation, is not limited or restricted by this regulation.

(4)
When temporary suspensions under
paragraph
a
(3)
, above, are followed by revocations, the period
of revocation is computed beginning from the date the original suspension
was imposed, exclusive of any period during which full driving privileges
may have been restored pending resolution of charges. (Example: privileges
were initially suspended on 1 January 2000 for a charge of intoxicated driving
with a BAC of 0.14 percent. A hearing was held, extreme family hardship was
substantiated, and privileges were restored on 1 February pending resolution
of the charge. On 1 March 2000, the driver was convicted for intoxicated driving.
The mandatory 1-year revocation period will consist of January 2000
plus March 2000 through January 2001, for a total of 12 months with no installation
driving privileges.)

The suspension of driving privileges for military and civilian personnel shall be restored if a final disposition indicates a finding of not guilty, charges are dismissed or reduced to an offense not amounting to intoxicated driving, or where an equivalent determination is made in a nonjudicial proceeding. The following are exceptions to the rule in which suspensions will continue to be enforced:

b.
For each subsequent determination within
a 5 year period that revocation is authorized under
paragraph2-4
b
, military personnel, DOD civilians, contractors,
and NAF employees will be prohibited from obtaining or using an OF 346 for
6 months for each such incident. A determination whether DOD civilian personnel
should be prohibited from obtaining or using an OF 346 will be made in accordance
with the laws and regulations applicable to civilian personnel. This does
not preclude a commander from imposing such prohibition for a first offense,
or for a longer period of time for a first or subsequent offense, or for such
other reasons as may be authorized.

Reinstatement of driving privileges shall be automatic, provided all revocations applicable have expired, proper proof of completion of remedial driving course and/or substance abuse counseling has been provided, and reinstatement requirements of individual's home State and/or State the individual may have been suspended in, have been met.

f.
The conditions in
paragraph
3-2
must be met to operate a POV on an Army and DLA installation. Other
Armed Services that do not require registration will enforce paragraph 3-2
through traffic enforcement actions. Additionally, failure to comply with
paragraph 3-2 may result in administrative suspension or revocation
of driving privileges.

Personnel seeking to register their POVs
on military installations within the United States or its territories and
in overseas areas will comply with the requirements listed below. (Registration
in overseas commands may be modified in accordance with international agreements
or military necessity.)

a.Use.
The
DD Form 2220
will be used to identify
registered POVs on Army, Navy, Air Force, Marine Corps, and DLA installations
or facilities. The form is produced in single copy for conspicuous placement
on the front of the vehicle only (windshield or bumper). If allowed by State
laws, the decal is placed in the center by the rear view mirror or the lower
portion of the driver's side windshield. The requirement to affix the
DD Form 2220 to the front windshield or bumper of registered vehicles is waived
for general officers and flag officers of all Armed Services, Armed Service
Secretaries, political appointees, members of Congress, and the diplomatic
corps.

(4)
The
DD Form 2220
and any adjoining tabs will be theft resistant
when applied to glass, metal, painted, or rubberized surfaces and manufactured
so as to obliterate or self destruct when removal is attempted. Local policy
guided by State or host nation laws will specify the exact placement of DD
Form 2220.

Installation commanders or their designated representatives will terminate POV registration or deny initial registration under the following conditions (decal and tabs will be removed from the vehicle when registration is terminated):

Personnel registering POVs on DOD installations
must consent to the impoundment policy. The POV registration forms will contain
or have appended to them a certificate with the following statement: "I am aware that (insert number and title of separate Service
or DLA directive) and the installation traffic code provide for the removal
and temporary impoundment of privately owned motor vehicles that are either
parked illegally, or for unreasonable periods, interfering with military operations,
creating a safety hazard, disabled by accident, left unattended in a restricted
or control area, or abandoned. I agree to reimburse the United States for
the cost of towing and storage should my motor vehicle, because of such circumstances,
be removed and impounded."

f.
In those States where violations of traffic law are not considered criminal offenses and cannot be assimilated under 18 USC,
DODD 5525.4
, enclosure 1 expressly adopts the vehicular and pedestrian traffic laws of such States and makes these laws applicable to military installations having concurrent or exclusive Federal jurisdiction. It also delegates authority to installation commanders to establish additional vehicular and pedestrian traffic rules and regulations for their installations. Persons found guilty of violating the vehicular and pedestrian traffic laws made applicable on the installation under provisions of that directive are subject to a fine as determined by the local magistrate or imprisonment for not more than 30 days, or both, for each violation. In those States where traffic laws cannot be assimilated, an extract copy of this paragraph and a copy of the delegation memorandum in DODD 5525.4, enclosure 1, will be posted in a prominent place accessible to persons assigned, living, or working on the installation.

e.
When
DD Form 1408
is used, one copy (including written warnings)
will be forwarded through command channels to the Service member's commander,
to the commander of the military family member's sponsor, or to the civilian's
supervisor or employer as the installation commander may establish.

b.
Percentages in
paragraph
a
,
above, are percent of weight by volume of alcohol in the blood based on grams
of alcohol per 100 milliliters of blood. These presumptions will be considered
with other evidence in determining intoxication.

c.
As stated in paragraphs
a
and
b
, above, the law enforcement official relying on implied
consent will warn the person that driving privileges will be revoked if the
person fails to voluntarily submit to or complete a requested chemical test.
The person does not have the right to have an attorney present before stating
whether he or she will submit to a test, or during the actual test. Installation
commanders will prescribe the type or types of chemical tests to be used.
Testing will follow policies and procedures in
paragraph 4-12
, above.
The results of chemical tests conducted under the implied consent provisions
of this regulation may be used as evidence in courts-martial, nonjudicial
proceedings under
UCMJ
, Art. 15, administrative actions, and civilian courts.

(1)
An individual subject to the
UCMJ
who was driving a motor vehicle and suspected of being under the influence of an intoxicant may be subjected to a nonconsensual bodily fluid extraction to test for the presence of intoxicants only when there is a probable cause to believe that such an individual was driving or in control of a vehicle while under the influence of an intoxicant.

a.
A person subject to tests under
paragraph 2-3
may request that an additional test be done privately. The person may choose a doctor, qualified technician, chemist, registered nurse, or other qualified person to do the test. The person must pay the cost of the test. The test must be a chemical test approved by the State or host nation in an overseas command. All tests will be completed as soon as possible, with any delay being noted on the results.

In areas not under military control, civil
authorities enforce traffic laws. Law enforcement authorities will establish
a system to exchange information with civil authorities. Army and Air Force
installation law enforcement authorities will establish a system to exchange
information with civil authorities to enhance the chain of command's
visibility of a soldier's and airman's off post traffic violations.
These agreements will provide for the assessment of traffic points based on
reports from State licensing authorities involving Army military personnel.
The provisions of
chapter 5
of this regulation and the VRS automated system
provide for the collection of off-post traffic incident reports and
data. As provided in
AR 190-45
, civilian law enforcement agencies are
considered routine users of Army law enforcement data and will be granted
access to data when available from Army law enforcement systems of records.
Off-installation traffic activities in overseas areas are governed by
formal agreements with the host nation Government. Procedures should be established
to process reports received from civil authorities on serious traffic violations,
accidents, and intoxicated driving incidents involving persons subject to
this regulation. The exchange of information is limited to Army and Air Force
military personnel. Provost marshals will not collect and use data concerning
civilian employees, family members, and contract personnel except as allowed
by State and Federal laws.

Each Service and DLA will use its own form to record vehicle traffic accidents, moving violations, suspension or revocation actions, and traffic point assessments involving military and DOD civilian personnel, their family members, and other personnel operating motor vehicles on a military installation. Army installations will use
DA Form 3626
(Vehicle Registration/Driver Record) for this purpose.
Table 5-1
prescribes mandatory minimum or maximum suspension or revocation periods. Traffic points are not assessed for suspension or revocation actions.

Table 5-1.
Suspension or revocation periods of driving
privileges

Violence:
Driving while driver's license or installation driving privileges are under suspension or revocation.
Consequence:
A
2-year revocation is mandatory on determination of facts by installation
commander. (For Army, 5-year revocation is mandatory.)

Violence:
Refusal to submit to or failure to complete chemical tests (implied consent).
Consequence:
A 1-year revocation is mandatory on determination of
facts by installation commander.

Violence:
Manslaughter (or negligent homicide by vehicle) resulting from the operation of a motor vehicle. Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor (0.08% or greater on DOD installations; violation of civil law off post). Driving a motor vehicle while under the influence of any narcotic, or while under the influence of any other drug (including alcohol) to the degree rendered incapable of safe vehicle operation. Use of a motor vehicle in the commission of a felony. Fleeing the scene of an accident involving death or personal injury (hit and run). Perjury or making a false statement or affidavit under oath to responsible officials relating to the ownership or operation of motor vehicles. Unauthorized use of a motor vehicle belonging to another, when the act does not amount to a felony.
Consequence:
A 1-year revocation is mandatory on conviction.

Violence:
Mental or physical impairment (not including alcohol or other drug use) to the degree rendered incompetent to drive. Commission of an offense in another State which, if committed on the installation, would be grounds for suspension or revocation. Permitting an unlawful or fraudulent use of an official driver's license. Conviction of fleeing, or attempting to elude, a police officer. Conviction of racing on the highway.
Consequence:
Suspension for a period of 6 months or less or revocation for a period not to exceed 1 year is discretionary.

Violence:
Receiving a second 1-year suspension or revocation of
driving privileges within 5 years.
Consequence:
Loss of OF 346 for minimum of 6 months is discretionary.

The traffic point system provides a uniform administrative device to impartially judge driving performance of Service and DLA personnel. This system is not a disciplinary measure or a substitute for punitive action. Further, this system is not intended to interfere in any way with the reasonable exercise of an installation commander's prerogative to issue, suspend, revoke, deny, or reinstate installation driving privileges.

Violation
:
Failure of operator
or occupants to use available restraint system devices while moving (operator
assessed points).
Point assessed
:
2

Violation
:
Failure to properly
restrain children in a child restraint system while moving (when child is
4 years of age or younger or the weight of child does not exceed 45 pounds).
Point assessed
:
2

Violation
:
One to 10 miles per hour over posted
speed limit.
Point assessed
:
3

Violation
:
Over 10 but not more than 15
miles per hour above posted speed limit.
Point assessed
:
4

Violation
:
Over 15 but not more than 20 miles per hour above posted speed limit.
Point assessed
:
5

Violation
:
Failure to yield right of way to emergency vehicle.
Point assessed
:
4

Violation
:
Failure to stop for school
bus or school-crossing signals.
Point assessed
:
4

Violation
:
Failure to obey traffic signals or traffic instructions of
an enforcement officer or traffic warden; or any official regulatory traffic
sign or device requiring a full stop or yield of right of way; denying entry;
or requiring direction of traffic.
Point assessed
:
4

Violation
:
Failure to wear an approved helmet and/or reflectorized vest while operating
or riding on a motorcycle, MOPED, or a three or four-wheel vehicle powered
by a motorcycle-like engine.
Point assessed
:
3

Procedures will be established to ensure
prompt notice to the installation law enforcement officer when a person assigned
to or employed on the installation is being transferred to another installation,
being released from military Service, or ending employment.

(1)
The
DD Form 2504
(Abandoned Vehicle Notice) will be conspicuously placed on
POVs considered unattended. This action will be documented by an entry in
the installation law enforcement desk journal or blotter.

(4)
The
DD Form 2507
(Notice
of Vehicle Impoundment) will be forwarded by certified mail to the address
of the last known owner of the vehicle to advise the owner of the impoundment
action, and to request information concerning the owner's intentions
pertaining to the disposition of the vehicle.

(d)
If the owner or those mentioned
in
paragraph 6-4
b
(3)
, above,
are determined, but not found, the property may not be disposed of until the
expiration of 45 days after the date when notice, giving the time and place
of the intended sale or other disposition, has been sent by certified or registered
mail to that person at his or her last known address.

The installation commander will notify
the State driver's license agency of those personnel whose installation
driving privileges are revoked for 1 year or more, following final adjudication
of the intoxicated driving offense or for refusing to submit to a lawful BAC
test in accordance with
paragraph 2-3
. This notification will include
the basis for the suspension and the blood alcohol level. The notification
will be sent to the State in which the driver's license was issued.

The purpose of this checklist is to assist assessable unit managers and Management Control Administrators (MCAs) in evaluating the key management controls outlined below. It is not intended to cover all controls.

Answers must be based on the actual testing of key management controls (for example, document analysis, direct observation, sampling, simulation, other). Answers that indicate deficiencies must be explained and corrective action indicated in supporting documentation. These key management controls must be formally evaluated at least once every 5 years. Certification that this evaluation has been conducted must be accomplished on
DA Form 11-2-R
(Management Control Evaluation Certification Statement).